Wednesday, June 08, 2016

Well, another worker issue but sadly again most media seem not bothered to report this very important struggle of ordinary workers...

EPF (Employee's Provident Fund) - the law requires that employers make 13% contribution of the sum of employee earnings. Well, 13% of the value of commission earned by workers should also be paid into the employees' EPF account

If you earn, RM100 in commission monthly, then employer must contribute an additional RM13 into your EPF account >> Now, allegedly this company had not been making this contribution for many many years - and that is a lot of money that the worker loses... small issue - 'yes' - but it is a right and these brave workers have stood up for their rights..

Interestingly, there is no TRADE UNION - and, these workers who came together and are fighting for their rights must be congratulated... Maybe Trade Unions are making workers weak - why have we not heard of unionized workers fighting for such basic worker rights?

Claim your rights - that is your right. Now, what will EPF do? Sad to hear that some EPF officials also seem ignorant of the law or maybe they have been 'compromised' by the Employer... {see the letter that these workers sent to EPF below]

Let's hope media will follow up and tell us what happens... it will certainly help other workers. A victory will definitely inspire other workers to stand up for their rights ...even this joint struggle of workers of Atlas Ice is inspiring...

Let's hope that the EPF and the government speedily resolve this claim - not 'dealy' for years and years. Delay, sometimes I believe, is a strategy of a pro-employer government to DETER workers whose rights are violated from claiming rights...

Any comments from the MPs or the ADUNs in the area, or even the political parties in Malaysia about this issue - well, that tells you how concerned they are of the struggles of the ordinary person, workers in this case... and they call themselves 'wakil rakyat'?

Ice workers swarm EPF over unpaid contributions

About 50 employees from a major edible ice producer and distributor
has lodged a complaint at the Employees Provident Fund (EPF) office,
alleging that their employer has not made EPF contributions for the
commissions they earned for over 20 years.

They swarmed the EPF headquarters’ lobby at Jalan Raja Chulan
yesterday with banners which read: ‘No EPF contribution for commission’
and ‘Employer conned workers for over 20 years’.

Claiming to represent 100 lorry drivers and assistants from the
company’s Kepong and Batu Caves branches, they alleged their employer
had not contributed to their respective EPF accounts amounting to
millions over the years.

They earn commission based on the weight of the ice they deliver to customers daily,

Group representative Zulkifli Rathi, who has been with company as a
lorry driver for 13 years, claimed he was owed around RM20,000 in EPF
contributions from his commission.

“The company only started contributing to my EPF for the commissions I earned from October last year.

“The loss of RM20,000 in EPF contributions for commissions I have
earned will impact my family, as they are savings for my old age… it’s a
significant amount,” the father of two said.

The group also issued a press statement, which said the company only
began initiating EPF contributions for commissions earned between April
and October last year.

The statement also alleged that an EPF enforcement official had
conspired with their employees regarding the misappropriation of the EPF
contributions.

Workers-EPF officials discussion

After a 45-minute discussion between the ice-maker workers’
representatives and EPF officials, the EPF’s head of Enforcement
Department Hardial Singh assured that a thorough investigation would be
conducted.

“What’s important to help us conclude our investigation is that we
require detailed documentation from both the employees and employers.

“The liability of this case will be decided based on the documents and facts presented, and the rule of law.

“We hope to solve this issue as soon as possible and provide a
response (to the affected parties). It may take about a month,” Hardial
said.

Without even touching Act 452 (the EPF Act 1991), I'm just going to stress on Art. 7 of the UDHR which states that "All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination" and further expound the enshrined provision on Equality in the Federal Constitution of Malaysia under Article 8(1) which provides that all persons are equal before the law and entitled to its equal protection.

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